Police v Ah See [2018] WSSC 55 (23 April 2018)

SUPREME COURT OF SAMOA
Police v Ah See [2018] WSSC 55

Case name:	Police v Ah See
Citation:	[2018] WSSC 55
Decision date:	23 April 2018
Parties:	POLICE v SOLOMONA AH SEE male of Fagalii.
Hearing date(s):
File number(s):	S134/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 7 months supervision and ordered to perform 25 hours community service.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) – ADC clinician – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme – mitigating features relating to the accused as offender
Words and phrases:
Legislation cited:	Narcotics Act 1967, ss 7&18
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

SOLOMONA AH SEE male of Fagalii.
Prosecution

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 23April 2018

S E N T E N C E

The charges

1. The accused appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18. On 26 February 2018, he pleaded guilty to the charge at the earliest opportunity.

The offending

2. On Saturday 27 January 2018 at around 1:30am, the police K9 unit carried out their normal patrol duties at the Matautu wharf searching every passenger who arrived on vessels from American Samoa. As the police K9 unit were about to leave the wharf, they saw the accused and his friends drinking at the parking lot of the wharf. The police K9 unit approached the accused and his friends and told them to leave as they were prohibited from drinking at the wharf parking lot. However, the accused refused to leave. The police then apprehended the accused and brought him to the Apia police station. Upon arrival at the police station, he was body searched as per normal police procedure. A marijuana joint was found on him.

The Alcohol and Drugs Court (ADC) Programme

3. After the accused had pleaded guilty to the charge against him, he was referred to the ADC clinician for screening and a report. The clinician recommended that the accused attends the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by supervision. The accused has attended and successfully completed that programme and has graduated with a certificate of due completion.

The accused

4. The pre-sentence report on the accused shows that the accused is 28 years old and married with young children. He left school at Year 9 in order to support his family. He then worked in a tyre repair business and a bakery selling chinese biscuits (keke saina). During this time he married his wife. He then left with his wife for American Samoa. He later returned to Samoa and worked on his family’s plantation. In 2017, he carried out carpentry work for a hotel in Apia.
5. The accused’s wife told the probation service that the present offence for which her husband is appearing for sentence is out of character as she has ever seen him smoke marijuana. However, the accused admitted to the probation service that he had been using marijuana in the past. The written testimonial from the pastor of the accused’s church shows the accused as a quiet and humble person who used to be a regular churchgoer. The accused is a first offender.

The aggravating features relating to the offending

6. There is no aggravating feature relating to this offending.

The aggravating features relating to the accused as offender

7. There is no aggravating feature relating to the accused as offender.

The mitigating features relating to the accused as offender

8. The only mitigating features relating to this accused as offender are his successful completion of the Toe Afua Se Taeao Fou psycho-education Drugs and Alcohol Programme and his early guilty plea.

Discussion

9. Given the small quantity of marijuana found in the accused’s possession and the mitigating features relating to the accused as offender, a custodial sentence would not be appropriate.

Result

10. The accused is convicted and sentenced to 7 months supervision and ordered to perform 25 hours community service.

CHIEF JUSTICE